Get free answers to your Probate legal questions from lawyers in your area.
A beneficiary agreed to pay for a funeral using life insurance policy. Can they still file a claim against the estate in the amount of the funeral?
answered on Nov 25, 2019
Yes they can. Funeral expenses are a priority claim against the estate. It does not matter what funds were used to pay the bill.
Question is can she hire her children from a previous marriage to work on my father’s estate property at a higher price than other estimates to benefit her and her children?
answered on Nov 25, 2019
Everything an administrator does can be challenged by the heirs of the estate in the probate court. Use the Find a Lawyer tab and retain a local probate attorney to review the facts and advise you of your options and the legal costs of doing so.
answered on Nov 20, 2019
An active warrant can be resolved by (1) appearing in front of a judge and trying to get it set aside, (2) turning yourself in, or (3) getting picked up on it, so the answer to your question is yes.
My deceased mother will be receiving a tax refund next year which I am told will come in her own name or the name of her estate. It is the only thing that will be in her estate since she had a trust that contained everything else. Her will leaves anything not already in her trust to her trust. I... View More 
answered on Nov 19, 2019
You should wait. Depending on the size of the check, you may be able to do a Summary Release from Administration which greatly simplifies the process.
My stepfather is kicking me to curb and keeping everything. What can I do
answered on Nov 14, 2019
Since there was no will, her spouse is entitled to $20,000 plus one-half of your mother's estate, and you are entitled to the other half. See this link:
http://codes.ohio.gov/orc/2105.06 But you would have to file with the probate court to administer her estate to try to get that.... View More
answered on Nov 11, 2019
Not exactly. They can’t actually stop you from dropping out of school. But they can violate your probation if you do.
My father wrote in a letter that the property stays in the family's name my brother is trying to put it in his girlfriend's
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answered on Nov 9, 2019
Nobody can retitle the property without your father’s signature. If your brother has a power of attorney from your father then your brother had a fiduciary duty to honor your father’s wishes.
If your father is deceased and he had no will then it passes according to the laws of... View More
Five siblings, two want to fight. Not much equity in estate, just bills. No liquid assets. Values questionable of assets.
answered on Nov 6, 2019
Who filed the will? You are not obligated to serve as as administrator of the estate. If you do not want to do that, then sign the waiver. There is no charge for that. Let one of the siblings deal with it. If you have questions about the probate process, use the Find a Lawyer tab to consult a... View More
I live in Ohio where she died and have her death certificate and the POA documents.
answered on Nov 5, 2019
The POA terminated upon her death. If the check is made out to her or her estate, then you will have to reopen the estate to deposit the check and distribute it as directed by the probate court.
answered on Nov 5, 2019
There are several questions that need to be asked.
How much money is in that account?
Did she have any other property?
Did your grandma have a will?
If not her inheritance would be governed by the Ohio laws of intestate succession.
So the next question would... View More
Father's deceased I'm the youngest sibling.
He'll be locked away for 7 years. How can I stop this from happening?
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answered on Nov 1, 2019
Unless your dad left your brother's inheritance in some kind of trust, your brother can do whatever he wishes with his inheritance, including giving someone a power of attorney over it.
If you also inherited a portion of this same property then you might think about hiring an attorney... View More
That would leave it to me and my brother. I talked to his attorney in early July and she told me she would be mailing the waiver to me and also advised me not to open probate until 6 months after my mothers death date. I have finally gotten the waiver here in early October and I see it was filed in... View More
answered on Oct 8, 2019
A creditor has 6 months from date of death to present a claim. Probate is initiated by someone filing with the probate court to administer an estate. Check the probate court web site to determined if a probate case has been opened for the decedent. If not, then use the Find a Lawyer tab to... View More
Family member passed away April 28 2019. Inventory was approved 9 26 2019.
Is the probate process almost done?
answered on Oct 6, 2019
The approval of the inventory means that the court has approved the assets that the executor has identified. Then, after administrative costs and claims have been paid, the remainder is distributed to the beneficiaries/heirs, and an account is submitted to the court for approval, before the estate... View More
answered on Sep 23, 2019
The executor of her estate is responsible to fulfill the responsibilities of the deceased landlord. Contact the attorney for the probate estate with your questions.
Death wages... what is that?
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answered on Sep 20, 2019
They probably mean wages that were earned as of his date of death but not yet paid. He must have been paid via direct deposit.
My uncle had a will he did 10 years ago, my dad who was still alive then was listed in the will. My uncle passed away recently and now his siblings want my brother and I to sign our rights away . Do we have any right to inherit from the will since we are next of kin from my father , his brother.
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answered on Sep 19, 2019
Whether you have a right of inheritance is impossible to say without reviewing your uncle's will, but your relations apparently think you do or they wouldn't be asking you to waive them. If you have a right of inheritance, there is no law that compels you to waive it. Don't sign... View More
My father's sister-in-law has died leaving behind property without a will that was transferred over to her after his brother (our uncle) died. My aunt has no surviving spouse, grandparents, parents, siblings, or children . My father has no surviving siblings. In this case, do nieces and... View More
He said he had to have my mom removed from mortgage and the potential buyer has a lawyer and they sent me a paper I haven’t signed about my passing instate and not wanting notified of probate hearings. I have not signed anything.
The sale of the house was stopped last month but idk why... View More
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answered on Sep 12, 2019
Whatever you are being asked to sign, you should take to an attorney for advice.
Depending on how the house was titled when your mother passed, and also depending on whether you are the biological or adopted child of both of them (the individuals you are referring to as mom and dad), you... View More
He retired from the state of Ohio. He named me the beneficiary ( his daughter). What are my rights with this. I have a brother I would split it with. Does she get all of it. Do we have any say at all with this. I know he wanted us to have this.He left her a 401K , all for his other assets , 2... View More
answered on Sep 11, 2019
You will have to consult with a local probate attorney who can review all the facts, gather any information and documents, and then advise you. You might have to file to administer the estate, unless his wife or someone else does. Whether you or anyone but his wife receives anything, will depend... View More
She says everything was left to her and never let us see the will. We (his adult children) were in his will at one point, but not sure if it was changed once they got married or once he got sick. Is there anything we can do?
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answered on Sep 10, 2019
Yes, you can hire a probate attorney to help you probate your dad's estate. That will smoke out the will. No matter how many you ask this question the answer wil be the same. Obviously simply asking for a copy has not worked, and why bother suing her for a copy when you can send your legal... View More
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